president morsi has been fighting hard to make sure there is an effective executive. you have a judiciary who wants to display its independence. unfortunately you don't have a parliament dissolved by egypt's equivalent of the supreme court. i think there are very serious questions about this constitutional assembly, not so much formation but 25% of it reflects the religious minorities and women have walked out because they don't think their issues are being adequately addressed. i think first and for most, what kind of document emerges. how tolerant is that document, how much support there is in terms from various segments of egyptian society, and what the judgment of the people will be when it's placed on a referendum. >> eliot: these are all serious issues and obviously we don't know what the answers are yet. you make a fascinating point when you go back to marbury v madison, we always pre-spoused there was three in the checks and balances, and there was no clear roll that we now take for granted, the same judgments that the egyptian courts say they should be entitl